The First Steps in Car Accident Litigation

If the insurance company is refusing to pay the amount you need for your injuries, our hard-working lawyers will draft a formal demand letter. It will detail all your financial losses like medical bills and lost wages, as well as non-economic damages, such as pain and suffering.

A jury or judge will then come to a decision. If they decide in your favor they will award you damages and the defendant has to pay them.

1. Gathering Evidence

In a case of a car crash lawsuit, proving the negligence and liability is crucial to get compensation for your injuries and losses. Gathering evidence is among the first steps in the litigation process. it involves collecting documents, photographs, witness testimony, and official reports such as police reports.

Photographs of the scene of the accident could aid your lawyer in determining what happened during the collision, including the positions of both cars after impact, skid marks, road debris and other physical evidence. Also, take note of the names and contact details of any witnesses who witnessed what happened. It is crucial to have witnesses to verify the events that were actually happening, as it may often be the case that drivers offer contradictory accounts that lead to insurance companies refusing or denial of the liability.

Other evidence forms your lawyer may use include medical records, which can include receipts, bills, diagnosis reports, lab results, discharge instructions and other documentation that demonstrate the severity of your injuries. You should seek these records as soon as possible and provide copies to your healthcare providers.

Another type of evidence that your lawyer could make use of is a deposition which is an out-of court testimony delivered under oath that is then transcribing by a court reporter. The lawyer can make use of the testimony to prove that your injuries have had an immediate and clear connection to the crash and can be used to justify compensation for your losses. Most of the evidence discussed above can be collected at the scene of the accident or shortly afterwards, but some may not be available until much later in the legal process. It is crucial to contact a lawyer for car accidents with the appropriate credentials as soon as you can so that they can begin an investigation when the evidence is in its most natural form.

2. Filing a complaint

When the dust has cleared and you've treated your injuries, it's time to seek legal advice from a professional. A lawyer from a car accident can offer you the knowledge to maximize your compensation.

The first step is to file a complaint with the court. This document will outline your specific claims and the amount of money you want to recover in damages. This document is typically drafted by your attorney and filed with the court, and then served to the defendant.

This also triggers the discovery phase that allows both sides to exchange information and evidence that is related to their claims and defenses. The process can take a long time and requires both parties to look over a number of documents, including police reports and witness statements medical records, invoices and much more. Each side can request interrogatories, which are a series of questions which the other party must answer under oath by a predetermined date.

In this phase, your lawyer will also collaborate with doctors to ensure they have a complete understanding of the severity of your injuries as well as the impact they have had on your daily life. Your lawyer will then estimate the total damages you have suffered that will include the past and future medical costs as well as lost earnings, pain and suffering and much more.

Your lawyer may be able negotiate a settlement with the insurance company of the driver at fault. This is most likely to be the case following the completion of discovery and before trial. If the insurance company does not agree to an acceptable settlement, or if your damages are substantial and not covered by insurance, then you could be required to go to trial. A judge or jury will decide the case based on the weight of all evidence.

3. Discovery

Discovery is an essential step in any car accident case. This is the time when your attorney and the negligent insurance company of the driver exchange information that could help or derail your claim. Your attorney will ask for copies of documents to support your claim. These documents include police reports medical bills, work loss records from your employer (showing the length of time you missed due to the accident) photographs of your vehicle as well as any injuries or damages and financial information. Your attorney may also use written discovery tools such as interrogatories and requests for production to question parties and witnesses who are not present.

The written discovery tools are distributed back and forth between attorneys of both sides. They give the opposing party the opportunity to answer questions in writing, which must be sworn to under oath, and to supply copies of certain documents or other information that could be useful to your case.

Your Long Island car accident lawyer will also conduct depositions of witnesses to the Pocahontas accident lawsuit, as well as any person who has information about your injuries or damages that could be relevant to your case. During a deposition lawyer representing the party at fault will ask you an array of questions and your responses will be recorded on video or transcribed by a court reporter.

The purpose of these pretrial investigation processes is to enable your lawyer to build an effective and convincing argument against the at-fault party as well as their insurer in order that you can secure an adequate and fair settlement for your losses, injuries and expenses. There is no guarantee of a settlement in each case however the majority of them will settle during or following the investigation process, which is often completed before the trial.

4. Trial

Trials can be arranged in situations when you and the insurance provider disagree about who is at fault or the amount of compensation you are entitled to for your injuries. A trial is a formal proceeding in which both sides present arguments and evidence to a factfinder who issues a decision that settles the dispute. In personal injury cases the factfinder is typically a jury.

During the trial, your lawyer will give your account of the events in your opening statements to the jury, and any supporting evidence you have, such as pictures or videos of accident scene, testimony from people who witnessed the pinehurst accident attorney and medical professionals, and documents such as medical bills and police reports. You can also testify about your personal memories of the incident, and how it affected your life. Expert witnesses can also offer evidence to support your assertions. The lawyer representing the defendant can interrogate witnesses and object to the admissibility of certain evidence.

The jury will decide at trial whether the plaintiff's injuries was the result of the defendant's negligent conduct. They will examine the proximate cause, a complicated legal concept that law students spend hours studying. Proximate cause examines the degree of connection between the defendant’s actions and the plaintiff’s injuries.

A jury must also decide the amount of damages you are entitled to. It's a difficult issue due to the degree of your injuries and the extent to which you've suffered. Your attorney will provide evidence that includes expert testimony regarding the severity of injuries loss of income, future earning potential, in addition to your pain and suffering as well as impairment.

5. Settlement

Each state has a specific legal deadline, known as the statute of limitations by which you must settle your claim or start a lawsuit. If your lawyer isn't in a position to negotiate a satisfactory settlement with the insurance company, you may have to file a car accident lawsuit in the court. This could be a lengthy process and costly, however it is usually necessary to pursue compensation.

During this procedure, your Long Island personal injury lawyer will be involved in discovery (a formal procedure where each party exchanges information with the other side) and also attend hearings. Your lawyer will also file legal documents called motions asking the court for things like the exclusion of certain kinds of evidence at trial. Settlement negotiations may continue throughout this process, and a lot of civil disputes arising out of car accidents will end before a trial can be held.

If they feel that your injury claim is solid and you are willing to go to trial insurance companies will make an honest settlement offer. The settlement process is also faster and less risky compared to a court trial.

Before agreeing to an agreement, it is important that you fully understand the severity of your injuries and completed all medical treatment. If you agree to a settlement before your doctor has determined you have reached maximum medical improvement (MMI), you could be denied additional compensation. It is also important not to sign a release until you have consulted with your lawyer about your injuries. Your lawyer will ensure that you don't lose the opportunity to receive a valuable amount of compensation. They will look over your medical records and other documents to ensure that you receive all the damages you are entitled to.